HB 759

1	A bill to be entitled
2	An act relating to the Northern Palm Beach County
3	Improvement District, Palm Beach County; amending chapter
4	2000-467, Laws of Florida, as amended; revising procedures
5	for the election of members of the district's board of
6	supervisors; updating obsolete language; revising
7	application of the definition of "electors"; revising
8	board member qualification and residency requirements;
9	excluding certain lands from those lands for which a
10	landowner is entitled to a vote at a meeting of
11	landowners; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Sections 4 and 6 of section 3 of chapter 2000-
16	467, Laws of Florida, as amended by chapters 2005-302 and 2006-
17	330, Laws of Florida, are amended to read:
18	Section 4.  Board of Supervisors; election, organization,
19	powers, duties, and terms of office.-
20	(A)  There is hereby herby created a Board of Supervisors
21	of Northern Palm Beach County Improvement District, which shall
22	be the governing body of said District.
23	(B)  Said Board of Supervisors shall consist of five
24	persons, who, except as herein otherwise provided, shall hold
25	office for the term of 4 years and until their successors shall
26	be duly elected and qualified.
27	(C)  The first Board of Supervisors of the District shall
28	be composed of five persons, two of whom shall hold office for 4
29	years from June 1, 1959, two of whom shall hold office for 3
30	years from June 1, 1959, and one of whom shall hold office for 2
31	years from June 1, 1959. Within 30 days after this Act becomes a
32	law, the Clerk of the Circuit Court of Palm Beach County shall
33	call a special meeting of landowners of Northern Palm Beach
34	County Improvement District for the purpose of electing the
35	first Board of Supervisors for Northern Palm Beach County
36	Improvement District as herein provided. Notice of such special
37	meeting of landowners shall be given by the Clerk of the Circuit
38	Court of Palm Beach County by causing publication thereof to be
39	made once a week for 2 consecutive weeks prior to such meeting
40	in some newspaper published in Palm Beach County. Such special
41	meeting of landowners shall be held in some public place in Palm
42	Beach County, and the place, date, and hour of holding such
43	meeting and the purpose thereof shall be stated in the notice.
44	The landowners when assembled shall organize by electing a Chair
45	who shall preside at the meeting and a Secretary thereof. At
46	such meeting, each and every acre, or any fraction thereof, of
47	land in the District shall represent one share and each owner
48	shall be entitled to one vote by person or by written proxy for
49	every acre of land, or any fraction thereof, owned by him or her
50	in the District. The landowners shall first vote for the
51	Supervisors who are to hold office for the term of 4 years as
52	herein provided, and the persons receiving the highest number of
53	votes for such Supervisors shall be declared and elected as such
54	Supervisors. Said landowners land owners shall next vote for the
55	Supervisors who are to hold office for the term of 3 years as
56	provided herein, and the persons receiving the highest number of
57	votes for such Supervisors shall be declared and elected as such
58	Supervisors. Said landowners shall next vote for the Supervisor
59	who is to hold office for the term of 2 years as herein
60	provided, and the person receiving the highest number of votes
61	for such Supervisor shall be declared and elected as such
62	Supervisor.
63	(D)  In 2005 Upon the effective date of this act, the
64	following procedures were made applicable shall apply to the
65	election of members, including appointees, to the Board of
66	Supervisors of the District:
67	(1)  The terms of two board members that expired which
68	expire in 2005 were shall be extended until the date of the
69	general election in 2006. The seats were shall be numbered seats
70	1 and 2, respectively. Seat 1 has shall be filled for a term of
71	4 years and is filled pursuant to section 6(A) of this Act. Seat
72	2 was shall be converted to a nonpartisan elected position board
73	member as defined in by chapter 97 105, Florida Statutes.
74	Candidates for seat 2 this position shall qualify with the Palm
75	Beach County Supervisor of Elections pursuant to chapter 105,
76	Florida Statutes, and are shall be elected for a term of 4 years
77	by a plurality of the District electors within the District's
78	jurisdictional boundary who vote voting in said election. As
79	used in this Act, "electors" means shall mean registered voters
80	as defined in by section 97.041, Florida Statutes. The board
81	members elected to seats 1 and 2 shall each take office within
82	10 days after of election, and each shall serve until expiration
83	of his or her their term, until his or her resignation or,
84	removal, or until the election of a new board member for that
85	position.
86	(2)  The term of the board member that was to expire which
87	expires in 2006 was shall be extended until the date of the
88	general election in 2006. The seat was shall be numbered seat 3
89	and has. Seat 3 shall be filled for a term of 4 years as
90	prescribed by section 6(A) of this Act. The board member elected
91	to seat 3 shall take office within 10 days after of election and
92	shall serve until expiration of his or her term, until his or
93	her resignation or, removal, or until the election of a new
94	board member for that position.
95	(3)  The terms of the two board members that were to expire
96	in 2007 were shall be extended until the date of the general
97	election in 2008. The seats were shall be numbered seats 4 and
98	5, respectively. Seat 4 was shall be filled for a term of 4
99	years as prescribed by section 6(A) of this Act. Seat 5 was
100	shall be converted to a nonpartisan elected position board
101	member as defined in by chapter 97 105, Florida Statutes.
102	Candidates for seat 5 this position shall qualify with the Palm
103	Beach County Supervisor of Elections pursuant to chapter 105,
104	Florida Statutes, and are shall be elected for a term of 4 years
105	by a plurality of the District electors within the District's
106	jurisdictional boundary who vote voting in said election.
107	"Electors" shall mean registered voters as defined by section
108	97.041, Florida Statutes. The board members elected to seats 4
109	and 5 shall each take office within 10 days after of election,
110	and each shall serve until expiration of his or her their term,
111	until his or her resignation or, removal, or until the election
112	of a new board member for that position.
113	(E)  Beginning with the general election in 2006, Board of
114	Supervisor qualifications shall be:
115	(1)  the two members of the board elected to seats 2 and 5
116	by electors within the District's jurisdictional boundary must
117	shall be residents of the District and electors of the District
118	as defined by section 3(D)(1) of this act.
119	(F)  Starting with the general election in 2006 and until
120	the day immediately preceding commencement of the qualifying
121	period for the general election in 2012, the One board member
122	elected to seat 5 must shall be a resident whose residence is
123	located north of PGA Boulevard, and the one board member elected
124	to seat 2 must shall be a resident whose residence is located
125	south of PGA Boulevard. For candidates who reside within the
126	District and west of the current terminus of PGA Boulevard at
127	the Beeline Highway or east of the terminus of PGA Boulevard at
128	U.S. Highway 1, residency location shall be determined by
129	extending the center line of PGA Boulevard at the applicable
130	point of terminus due west to Lake Okeechobee and due east to
131	the Atlantic Ocean. The residency qualification provisions in
132	this subsection shall expire upon commencement of the qualifying
133	period for the general election in 2012.
134	(G)  Beginning with the landowner election in 2010, any
135	member of the board elected pursuant to section 6(A) of this Act
136	must be a resident of the State of Florida and either be a
137	resident of Palm Beach County or own, or have a beneficial
138	interest in an entity that owns, real property within the
139	District. Any member who fails to maintain such residency or
140	ownership requirements shall notify the district within 10 days
141	after such loss of residency or ownership interest. Failure to
142	cure the qualification deficiency within 30 days after the
143	deadline for provision of such notice shall create an automatic
144	vacancy for that member's seat.
145	(H)  Commencing with the qualifying period for the general
146	election in 2012, the qualification and election procedures for
147	seats 2, 3, 4, and 5 shall be as follows:
148	(1)  Beginning with the general election in 2012, seat 4
149	shall be converted to a nonpartisan elected position.
150	(2)  Members elected to seats 4 and 5 must be residents of
151	the District, must own, or have a beneficial interest in an
152	entity that owns, real property within the District, and must be
153	electors of the District.
154	(3)  Beginning with the general election in 2014, seat 3
155	shall be converted to a nonpartisan elected position.
156	(4)  Members elected to seats 2 and 3 must be residents of
157	the District, must own, or have a beneficial interest in an
158	entity that owns, real property within the District, and must be
159	electors of the District.
160	(5)  Candidates seeking election to seats 4 and 5 in 2012
161	and seats 2 and 3 in 2014 shall qualify with the Palm Beach
162	County Supervisor of Elections pursuant to chapter 105, Florida
163	Statutes, and shall be elected for a term of 4 years by a
164	plurality of the electors within the jurisdictional boundary of
165	the District who vote in their respective general elections.
166	(6)  Each nonpartisan elected board member shall take
167	office within 10 days after election and shall serve until
168	expiration of his or her term, until his or her resignation or
169	removal, or until the election of a new board member for that
170	position.
171	(I)  Candidates who do not collect campaign funds are not
172	obligated to appoint a campaign treasurer or establish a
173	depository pursuant to section 106.021, Florida Statutes.
174	(J)  Any board member holding a nonpartisan elected seat
175	who fails to maintain his or her seat's qualifying or residency
176	requirements shall notify the District within 10 days after such
177	failure. A member's failure to reestablish such qualifying or
178	residency requirements within 30 days after the deadline for
179	provision of such notice shall create an automatic vacancy for
180	that member's seat.
181	(K)  For purposes of this Act, residency shall be
182	determined by the location at which the candidate or member then
183	permanently resides and presently intends to continue to
184	permanently reside. In the event any board member who is elected
185	by the electors fails to maintain residency within the District,
186	the member shall notify the District within 10 days of his or
187	her loss of residency. Failure to reestablish residency within
188	30 days of its loss will create an automatic vacancy for that
189	Board of Supervisors position.
190	(2)  The three members of the board elected pursuant to
191	section 6(A) of this act shall be residents of the State of
192	Florida. The board member who is elected to seat 3 shall be a
193	resident of the District or own property within the District.
194	Failure to maintain residency or land ownership requirements as
195	stated herein requires notification of the District within 10
196	days of loss of residency or land ownership. Failure to cure the
197	qualification deficiency within 30 days of notice will create an
198	automatic vacancy.
199	(3)  Candidates who do not collect campaign funds shall not
200	be obligated to appoint a campaign treasurer or establish a
201	depository pursuant to section 106.021, Florida Statutes.
202	(L)(F)  In the event of any vacancy on the board, an a
203	qualified individual who satisfies that seat's then applicable
204	qualifying and residency requirements shall be selected and
205	appointed by a simple majority vote of the remaining members of
206	the board. The appointee shall serve until the next general
207	election if the seat is filled by electors or until the next
208	annual landowners' meeting if the seat is filled pursuant to
209	section 6(A) of this Act, at which time. At that election, the
210	position shall either be open for election for either a full
211	term or the remainder of the vacated seat's term seat, whichever
212	is appropriate.
213	(M)(G)  As soon as practicable after each their election,
214	the Board of Supervisors of the District shall organize by
215	choosing one of their number President of the Board of
216	Supervisors and by electing some suitable person Secretary, who
217	may or may not be a member of said Board. The Secretary shall be
218	required to execute bond for the faithful performance of his or
219	her duties in such penal amount as the board may my determine.
220	The Board of Supervisors shall adopt a seal which shall be the
221	seal of the District. At each annual meeting of the landowners
222	of the District, the Board of Supervisors shall report all work
223	undertaken or completed during the preceding year, and the
224	status of the finances of the District.
225	(N)(H)  All Supervisors shall hold office until their
226	successors shall be elected and qualified. Whenever any election
227	shall be authorized or required by this Act to be held by the
228	landowners at any particular or stated time or day, and if for
229	any reason such election shall not or cannot be held at such
230	time or on such day, then in such event and in all and every
231	such event, the power or duty to hold such election shall not
232	cease or lapse, but such election shall be held thereafter as
233	soon as practicable and consistent with this Act.
234	Section 6.  Meetings of landowners; elections.-
235	(A)  Commencing in Each year during the month of November,
236	beginning with the month of November 2006, a meeting of the
237	landowners of the District shall be held annually in November
238	for the purpose of electing Supervisors and hearing reports of
239	the Board of Supervisors and, when applicable, the holding of a;
240	provided, however, that a meeting of the landowners shall be
241	held during the month of November 2005, for the purpose of
242	receiving reports of the Board of Supervisors and considering
243	any matters upon which the Board of Supervisors election may
244	request the advice and views of the landowners. The Board of
245	Supervisors shall have the power to call special meetings of the
246	landowners at any time to receive reports of the Board of
247	Supervisors or consider and act upon any matter upon which the
248	Board of Supervisors may request advice. Notice of all meetings
249	of the landowners shall be given by the Board of Supervisors by
250	causing publication thereof to be made for 2 consecutive weeks
251	prior to such meeting in some newspaper published in Palm Beach
252	County. The meetings of the landowners shall be held in some
253	public place in said County, and the place, day, and hour of
254	holding such meetings shall be stated in the notice. The
255	landowners when assembled shall organize by electing a Chair who
256	shall preside at the meeting. The Secretary of the Board of
257	Supervisors shall be the Secretary of such meeting. At all such
258	meetings each and every acre, or any fraction thereof, of land
259	in the District, except publicly owned property against which
260	the District does not levy assessments, shall represent one
261	share, and each owner shall be entitled to one vote in person or
262	by written proxy for every acre, or any fraction thereof, of
263	land owned by him or her in the District, except for:
264	(1)  Publicly owned lands against which the District does
265	not levy assessments.
266	(2)  Those lands that are not currently subject to the
267	District's levy of assessments or lands for which assessments
268	have not been paid for the previous year.
269
270	The person receiving the highest number of votes for Supervisor
271	shall be declared and elected as such Supervisor. Those
272	landowners present or voting by proxy shall constitute a quorum
273	at any meeting of the landowners.
274	(B)  Guardians may represent their wards, and personal
275	representatives may represent the estates of deceased persons.
276	Trustees may represent lands held by them in trust, and private
277	and municipal corporations may be represented by their officers
278	or duly authorized agents. Guardians, personal representatives,
279	trustees, and corporations may vote by proxy.
280	(C)  To be eligible for election pursuant to this section,
281	a candidate for the office of Supervisor shall file a written
282	notice of intention to be a candidate in the office of the
283	District at least 30 days before the annual meeting of the
284	landowners.
285	Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.